Superfund Amendments & Reauthorization Act (SARA TITLE III) OR Emergency Planning & Community Right-to-Know Act (EPCRA) Presented by Ian Ewusi IERC Field Representative 10/15/2009

Report
Superfund Amendments &
Reauthorization Act
(SARA TITLE III)
OR
Emergency Planning &
Community Right-to-Know Act
(EPCRA)
Presented by Ian Ewusi
IERC Field Representative
10/15/2009
EPCRA Regulations
AMENDMENTS to 40 CFR Parts 355 and 370
(Proposed 6/8/98, finalized on 10/17/08 and published 11/3/08


Emergency Planning—Sections 302 & 303
[40 CFR Part 355.30] Amended
Emergency Notification—Section 304 &
Comprehensive Environmental Response, Compensation, Liability Act
CERCLA 103 [40 CFR Parts 302 & 355.40]
Amended


Hazardous Chemical Reporting—Sections 311
& 312 [40 CFR Part 370] Amended
Toxic Chemical Reporting—Section 313
[40 CFR Part 372]
TPQ
(Threshold Planning Quantity)


ONLY EHSs have published TPQs (lbs)
Solids are subject to either of 2 TPQs
(e.g., 500/10,000 lbs)

500 lbs ==> Powder form (100µ) or
==> Molten form or
==> Reactivity under the National
Fire Protection Association rating
of 2, 3, or 4

10,000 lbs otherwise (level of lowest concern)
Minimum Threshold Level
The storage quantity which subjects a facility
to the reporting requirements of EPCRA
Sections 311 and 312
For hazardous substances/chemicals (HS)
 10,000 lbs
For Extremely Hazardous Substances (EHSs)
 TPQ or 500 lbs (whichever is less)
EPCRA Reporting Requirements
 Sections 302 & 303 (Emergency Planning)

Presence of one or more EHSs over TPQ

Report within 60 days of acquisition of EHS

Report to IERC and respective LEPC—No EXEMPTIONS
 Section 304 (Emergency Notifications)

Accidental chemical release above reportable quantity (RQ) that will
migrate off site

Immediate verbal notification to state and LEPC if EHS and to
National Response Center if HS

Written notification to IERC and LEPC
EPCRA Reporting Requirements
Hazardous Chemical Reporting
Presence of one or more EHSs ≥ TPQ or 500 lbs (whichever is less)
Presence of one or more HSs ≥ 10,000 lbs
Report to IERC, LEPC and Fire Departments
 Section 311

List of MSDS chemicals

One-time submission (information remains unchanged)

Within 90 days of receipt of new information on chemical(s)
 Section 312 (Tier IIs)

Annual submission (due by March 1)
Exemptions
Hazardous Chemical Reporting
Sections 311 & 312

Facilities—Mining

Transportation—Substances in or being stored
incident to transport

Substances—FDA-controlled; for
personal/household purposes, research
labs/hospitals, and routine agricultural operations
Toxic Chemical Reporting
Section 313
Reporting Criteria
Manufacture, process, or otherwise use “toxic chemical” in
quantities above threshold
Report Type
Toxic Chemical Release Inventory (TRI) report
(i.e., Form R Report)
Timeline—Annual submission (due by July 1)
Agencies
EPA—CEPPO 800-535-0202
State—IDEM 800-451-6027
317-232-8172
EPCRA Amendment Summary

Submit report/notices according to timeline

Include North American Industry Classification
System (NAICS) code on Tier II form

Provide the chemical or common name of the
chemical (as listed on the MSDS) on the Tier II
form

Include the total quantity of EHS present in
pure or mixture form, even if any mixture
and/or EHS is reported as a hazardous chemical
EPCRA Amendment Summary
Continued

Use options 1 or 2 to determine whether the
threshold quantity is present for hazardous
chemical mixtures that do not contain any EHSs
1.
Add together the quantities present in pure
form and as components in all mixtures
2.
Consider the total quantity of each mixture
separately

Submit reports in format requested by state

Submit reports in format requested by LEPCs
EPCRA Amendment Summary
Continued


Submit any changes of facility information
relevant to emergency planning within 30 days,
such as

Facility is no longer in operation

Presence of new EHSs

Changes in chemical locations on site

Elimination of EHSs on site
Provide any information necessary for developing
or implementing the local emergency plan if the
LEPC requests it.
EPCRA Continuous Release Reporting
Air Releases of Hazardous Substances—
Farm Animal Waste from CAFO
 Concentrated Animal Feeding Operations
(CAFOs)
 Federal Register publication date 12/18/08
 Rule effective date 1/20/09
EPCRA CAFO Amendments
The new rule exempts farms confining fewer than…

700 mature dairy cows, whether milked or dry

1,000 veal calves

1,000 cattle other than mature dairy cows or
veal calves (“cattle" includes, but is not limited
to, heifers, steers, bulls and cow/calf pairs)

2,500 swine, each weighing 55 pounds or more

10,000 swine, each weighing less than 55 pounds

500 horses
EPCRA CAFO Amendments
The new rule exempts farms confining fewer than…

10,000 sheep or lambs

55,000 turkeys

30,000 laying hens or broilers, if the farm uses a
liquid manure handling system

125,000 chickens (other than laying hens) if the farm
uses other than a liquid manure handling system

82,000 laying hens, if the farm uses other than a
liquid manure handling system

30,000 ducks, if the farm uses other than a liquid
manure handling system

5,000 ducks, if the farm uses a liquid manure
handling system
EPCRA CAFO Requirements
3-step process to report air releases
Step 1Call State Emergency Response Commission (SERC)
and Local Emergency Planning Committee (LEPC)
Step 2Submit written continuous release report/form to
the SERC and LEPC within 30 days of the call made in Step 1
Step 3Reassess and confirm the accuracy of calculations
to the SERC and the LEPC in writing on the first anniversary
date of the initial written notification
It is up to the owner/operator to perform release calculations for normal
lower and upper limits.
EPCRA CAFO Requirements
No further reporting is required for the routine
air releases covered under your specific report
unless the rate, quantity, or ownership changes.
If such a change occurs, you will need to repeat
the 3-step reporting process outlined above, or
make separate daily reports for those days.
Also, if you signed up for the Air Compliance
Agreement study, or if you have already filed a
continuous release report, no action is required
at this time.
EPCRA Reporting Options
Sections 302, 311 & 312
State:
• Free Online Reporting—ONLY method after 2009
myIDEM
www.in.gov/idem/5285.htm (general info)
www.in.gov/idem/5290.htm (reporting)
LEPC:
• Tier2 Submit
Free software
yosemite.epa.gov/oswer/ceppoweb.nsf/content/tier2.htm
• Paper reporting by mail
(www.in.gov/idem/land/crkt)
Fire Departments:
• Paper reporting by mail
(www.in.gov/idem/land/crkt)
Advantages of the State’s
Online Method

Previous year’s facility inventories are already in the state’s system

Reduce or eliminate the “facility burden” associated with multiple
EPCRA reporting

Eliminate the bulky paper copies generated

Streamline the reporting process

Reduce the manpower required by facilities and the state to manage
the submitted EPCRA records

Provide electronic records for all reporting facilities that allow access
for edits and updates at any time

Allow facility chemical inventory information to be passed directly to
LEPCs and fire departments
Workspace
Access
Facility
Information
Step 1
Select
Facility
Step 2
Enter
1st-time
Filer
Information
Step 3
Enter
Facility
Information
Note:
Previously
submitted
facility
information
will be
pre-loaded
Step 4
Enter
Reporting
Year
Step 5
Enter
Additional
Contact
Information
Step 6
Enter
Chemical
Inventory
Note:
Previous
year
inventories
will be
pre-loaded
Step 7
Enter
Chemical
Inventory
Information
Step 8
Enter
Storage
Information
Step 9
Upload
Attachments
(site plans)
Step 10
Certification
By user
or
approved
agent
Step 11
Email
notifications
to selected
recipients.
Notifications
sent
before and/or
certification.
Step 12
Access to
submittal
Sends certification email with an access code to selected Persons
Person must Have a myIDEM Account
Step 13
Enter PIN to
certify the
submittal
Forgotten PINs
will be sent via
email
Step 14
Printable
Submittal
Can be
accessed by
clicking on the
View link.
Step 15
Confirmation
Screen
Advantages of the State’s
Online Method

Previous year’s facility inventories are already in the state’s system

Reduce or eliminate the “facility burden” associated with multiple
EPCRA reporting

Eliminate the bulky paper copies generated

Streamline the reporting process

Reduce the manpower required by facilities and the state to manage
the submitted EPCRA records

Provide electronic records for all reporting facilities that allow access
for edits and updates at any time

Allow facility chemical inventory information to be passed directly to
LEPCs and fire departments
Ian Ewusi
IERC Field Representative
[email protected]
317-695-2119

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